The fundamental rights to privacy of correspondence, posts and telecommunications (Article 10 of the Basic Law) and to the inviolability of the home (Article 13 of the
Basic Law) shall be restricted under the terms of this Act.
[End of translation provided by the Federal Ministry of the Interior]
3. […]
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4. […]
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5. Various data privacy commissioners have performed audits at participating agencies with respect to the counter-terrorism database. The Federal Commissioner for
Data Privacy and Freedom of Information (Bundesbeauftragter für den Datenschutz
und die Informationsfreiheit) audited data processing at the Federal Criminal Police
Office, the Federal Office for the Protection of the Constitution (Bundesamt für Verfassungsschutz), and the Federal Intelligence Service (Bundesnachrichtendienst).
He expressed fundamental objections concerning the storage of extended basic data
about contact persons, and criticised that the Federal Criminal Police Office transferred data from a source database to the free text field under § 3 sec. 1 no. 1b rr ATDG, without review of each individual case. Thereupon the Federal Criminal Police
Office changed its procedure for filling in the free text field (Bundestag Document,
Bundestagsdrucksache – BTDrucks 16/12600, pp. 51 and 52). At the Federal Office
for the Protection of the Constitution, shortcomings were found in the labelling of data
deriving from covert telecommunications monitoring, as well as problems with filling in
the counter-terrorism database, particularly in the free text field. No formal objection
was raised, since the Office consented to correct the discovered shortcomings immediately (BTDrucks 17/5200, pp. 83 and 84). Agencies of the federal states were also
audited in reference to the counter-terrorism database, for example in BadenWürttemberg, in the form of on-site audits lasting several days at the BadenWürttemberg Land Criminal Police Office (Landeskriminalamt) (at the Department for
Protection of the State) and the Land Office for the Protection of the Constitution
(Landesamt für Verfassungsschutz). Objections by the Land commissioner to shortcomings in reference to some data records resulted in the deletion or correction of
those records (Landtag of Baden-Württemberg, Landtag Document, Landtagsdrucksache – LTDrucks 14/2050, pp. 12 and 14 et seq.). Further audits were performed by
the Land Commissioners for Data Privacy (Landesbeauftragte für den Datenschutz).
40
II.
The complainant claims that the challenged provisions violate his fundamental right
to informational self-determination under Art. 2 sec. 1 in conjunction with Art. 1 sec. 1
of the Basic Law (Grundgesetz – GG) and his fundamental rights under Art. 10, Art.
13 and Art. 19 sec. 4 GG.
[…]
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